The Kincaid Briscoe Files
by Tuttle
Summary: Beginning with an alternate ending to Season 6. How might things have been? Please R


(Before I start, I just want to say that none of the characters from Law and Order are mine, neither is some of the dialougue that is found in 'Eulogy'. This story is mine, however. PLease don't reproduce it in pieces or in whole without my permission. Let me know what you think, this is my first L&O fanfic)   
by Tuttle  
  
EULOGY  
  
  
"I do feel partly responsible for this," the eulogy was being read in front of the closed casket of the Manhattan ADA who had died in a car crash just four days before. "To think of the time we spent together, all the joy and pain we shared makes death seem like it should be so far away. But it's not, and that's what scares us. You think that if one thing went differently, one minute detail, everything would be perfect. Things would be the way they used to be. But sometimes...one thing leads to another, you know? That day will haunt my memory forever."  
******************************************************************************  
"I'm tired of arguing with you, Jack." Claire said to her passenger, boss, and lover, Jack McCoy as they sat in the early morning Manhattan traffic.  
"Good." he sassed her back. The night before had been stressful enough, watching a convicted murderer be put to death by lethal injection. He didn't need an argument with Claire.  
"You know," she said to him. "I'm not feeling too well."  
"Must be the flu."  
"Yeah, the flu." Claire said softly and almost forgivingly.   
"Wanna take the day?"  
"No, I've got Silverman."  
"I'll cover."  
"You sure?"  
Jack nodded.  
"OK, fine. I'll drop you off at the office."  
"No need." Jack got out of the car.   
"And you've got Shwinger."  
"He can wait. I'll take a cab." he said leaning in the window. "Maybe you'll feel better." There was a short pause. "I'll call you later."  
Claire watched Jack walk away from the car feeling sorry for the way she had acted. Her thought process was interrupted by the sound of a car horn beeping behind her.  
"Alright, alright, I'm going." Claire said as she inched upward to meet with the rest of the traffic. "I hate this commute." Claire said to herself. "Bunch of maniacs on the road. Someone's gonna end up dead."  
Traffic moved along slowly, and with no company, boredom quickly set in, so Claire decided to turn on the radio. However, the radio didn't last long. The only news story on every station was, 'Manhattan Murderer Suffers Death Penalty.'  
"Bad enough I had to sit through it." Claire thought as she turned off the radio. "Now I have to hear about it for the rest of my life."  
The traffic began to lighten up a little and Claire accelerated the car to a little over ten miles an hour. She pulled into a parking garage next to an apartment complex.  
"Mornin' Miss Kincaid." The attendant said to her. "Not goin' in today?"  
"I've got the day off. I have a few things I need to take care of."  
"Well, you have a good day now, Miss Kincaid."  
Claire entered the complex and took the parking space closest to the stairwell. She locked the car and started for her apartment.  
______________________________________________________________________________  
The cab ride hadn't worked out very well for Jack. He would much rather have sat in traffic with Claire then wait and sit in traffic in a cab. So Jack decided to walk in to work. It was quicker.  
Adam had been waiting for him when he arrived. "Seemed to go pretty smoothly," Adam said referring to the execution the night before.  
"I guess you could say that."  
"Have you spoken with Miss Kincaid?"  
"Claire won't be coming in today." Jack said. "The flu."  
"Not too heavy a case load today at least." Adam said to Jack who was walking into his office.  
"At least." Jack entered his office and closed the door behind him. He went behind his desk and sat down. Jack reached for the phone, paused a second, the picked it up and dialed Claire at home.  
The phone rang once, then again, and a third time. On the fourth ring the machine picked up.  
"This is Claire..." the machine said.  
"I know who's place I'm calling." Jack thought as he listened to the message. "Claire, are you home?" he said after the beep. "Well," Jack sighed, "I'm at the office. I'll try you again later." Jack had just hung up the phone when it rang.  
"Yes." Jack picked up the phone hoping it would be Claire on the other end. He was met only with disappointment. "Silverman?..Yeah, I'm covering for Claire today...Right, send him in." Jack hung up the phone and sat back in his chair waiting for Silverman to enter his office.  
______________________________________________________________________________  
The cool water from the shower felt refreshing as it ran down Claire's body. The jog she had taken to clear her mind had only forced her to think more about the night before. What had possessed her to go up there, to watch the state take a man's life? She tried to convince herself that it was her conviction, her attachment to her job as assistant district attorney, but the more she thought about it, the worse she felt.  
Claire stepped out of the shower and wrapped a large blue towel around her wet body. She walked out of the bathroom and into the bedroom and pressed play on the answering machine as she began to dress.   
"Claire, this is Lennie. I called Jack at the office, he said you were home. So the execution really got to you. If you need anything just give me a call."  
Claire went to grab her jacket as the next and final message on the answering machine played. It was from Jack. She listened to it through and then erased it. She wasn't ready to speak with him yet, she'd call him later.  
______________________________________________________________________________  
"So Claire's got the flu?" Elizabeth Olivet asked Jack over lunch.  
"What?" Jack said after Liz's statement practically went in one ear and out the other. "The flu, yeah. Came on pretty suddenly."  
"You think it had anything to do with the execution?"  
"No, not Claire." Jack said cutting at his veal.  
"You mean to tell me that watching that didn't affect you?"  
"What am I being examined, Liz? Of course it had an effect. I helped to get the guy convicted. He got what he deserved, end of story."  
"If you want to believe that."  
"What are you saying, I'm in denial?"  
"What I'm saying is that people are affected differently by certain circumstances."  
"So I'm hiding my emotions?"  
"That's not what I said, Jack."  
"That's what you implied."  
"Could we change the subject, please?" Liz took a bite of the food on her plate.   
Jack looked at his wrist watch. "Will you excuse me for a minute?" He got up and walked towards the payphone in the back of the restaurant.  
He reached into his pocket for a quarter and came out with a fist full of dimes and nickels. He deposited the change and began to dial Claire's number.  
Jack leaned against the wall waiting and hoping for Claire to answer, but to no avail, the answering machine was still on.   
"Where are you, Claire?" he said to himself as he hung up the phone. He inserted another 25 cents and dialed another number, Claire's beeper. Hopefully, she was carrying it.  
______________________________________________________________________________  
Claire pulled up to the curb in front of the 27th precinct. She wasn't ready to call Jack yet, maybe Lennie could talk.  
She entered the precinct. Things were pretty quiet in there that day. She was walking towards Lennie's desk when she saw Lieutenant Van Buren.   
"Working hard, Counselor?" Van Buren said smiling.  
"Actually, I'm not on the clock. I was hoping maybe Lennie..."  
"Honey, the man is scarce."  
"So it got to him."  
"It didn't get to you?"  
"I see what you mean." Claire said to her. "Tell me something. Why didn't you go up there today?"  
"It's not part of my job." Anita said smiling.  
"Why didn't I think of that?"  
Claire followed Anita into her office and took a seat in a chair in front of her desk.  
"I was thinking of quitting." Claire said.  
"Oh." Anita said in shock. "What does Adam Schiff think about this?"  
"I haven't mentioned it to him. I talked to McCoy and my stepfather. Jack tried to talk me out of it, but I really just don't know. I don't know if I even want to be a lawyer anymore."  
"Don't rush into anything, Claire."  
"That's exactly what Jack told me."  
"Take his advice, Counselor. Consider this one carefully. It's gonna seriously affect your future."  
Claire only nodded. She already had the letter of resignation written and signed, ready for Adam's desk in the morning.   
The next moment, Claire's hand went down to her side and her sounding beeper. She looked at it, not recognizing the number, but knowing it was Jack.  
"I'd better take this one in private." Claire said as she stood up to leave the room.  
______________________________________________________________________________  
Jack had been sitting in the bar for hours and situated by the payphone when it rang. Jack jumped up hoping this would be the call he was waiting for.  
"Hello?" Jack said half drunkenly into the receiver.  
"Jack?" Claire's voice sounded in an angelic whisper on the other end of the line. "Where are you?"  
"I should be the one asking you that question" There was a silence on the other end. "You know that bar just across town? The one we usually pass on the way back to my place from the office?"  
"You've been there all day?"  
"So where are you know, home?"  
"As a matter of fact, I'm at the 27th. Thought maybe I'd speak with VanBuren." she said lying to him.  
"Why don't you come down here? That is if you're feeling any better."  
"Well enough to see you again you mean."  
"I guess you could say that."  
"Give me ten minutes, I'll be right over." Claire and Jack both hung up the phone.  
Jack sat back down at the bar wearing one of the first smiles he had that day. It was then that he recognized a familiar face.  
"Detective Briscoe!"  
"Counselor."  
"Of all the gin joints in all the world etc. etc. etc."  
"Long day, Jack?"  
"It's not over yet. How about you?"  
"Longer than I'd have liked it to be."  
"Buy you a drink, detective?" Jack tapped the bar. "Barkeeper! A drink for my friend here."  
______________________________________________________________________________  
Claire still sat in the office with Anita. She looked down at her watch. It had been more than twenty minutes since she spoke with Jack.   
"You wanna get a drink or something?" Anita asked.  
"Oh, no. I've already kept him waiting long enough."   
"Think about what you're gonna do, Claire."  
"I will." Claire said as she stood up. " I guess I'll talk to you in the morning."  
"Goodnight."  
"Goodnight."  
Claire walked out of the 27th and back to her car. She hadn't been beeped by Jack again and she only hoped that he was still waiting for her.  
The evening traffic wasn't as bad as it had been earlier that morning. There was hardly a car on the road and Claire was able to make it to the bar in ten minutes.  
She parked outside the door. Looking around as she stepped out of the car, Claire noticed that she didn't see Jack's motorcycle parked anywhere near the bar. It took her a minute to remember that Jack was with her the night before and she had started to drive him to the office that morning.  
"He might still be here." she thought as she walked into the bar. But to her dismay, as she entered and looked around, there was no Jack, only Lennie, leaning over the pool table obviously drunk.  
"Would you look at this." Lennie said in a state of drunken disbelief.  
"You're drunk." Claire said stepping closer to the pool table.  
"So that's what's causing this." Lennie said sarcastically. Claire still moved closer.  
"Jack called me."   
"Jack. Jack turned into a pumpkin." Lennie approached Claire. "Buy you a drink, Counselor?"  
"No thanks." Claire said placing her hand on his shoulder. "How about you go get your coat and I'll drive you home." Claire led Lennie back to the bar, helped him with his coat, and then escorted him to her car.  
"Home, James." Lennie said as Claire began to drive.  
"Where to?"   
Lennie didn't answer but scratched his head. "I used to know."  
"So this morning really bummed you out."  
"Do I look bummed out to you?" There was another pause. "You know, it wouldn't be so terrible."  
"What's that?"  
"If you were my kid."  
"I guess I should take that as a compliment."  
"You're smart, you're pretty, you've got a good job, and you don't hate my guts."  
"Lennie, I doubt your daughter hates you."  
"Oh you don't know her, you don't know her. I don't even know her. I never will."  
It hadn't been two seconds after Lennie's statement that they both heard the sound of a car horn and screeching tires. Claire turned her head only to see the headlights of a vehicle coming straight for them.  
******************************************************************************  
Lennie was now standing in front of the casket, the second person to pay respects to the ADA.  
"Like what was just said." he began. "I'll always remember that day. It all happened so fast, but I remember every minute of it, every second.   
"Those lights came towards us, and I saw Claire's face as the vehicle hit the driver's side of the car. It spun us out into the middle of the road, lights flashing. When I stepped out of the car, my first instinct was to check Claire, and then to crucify the guy that hit us." Lennie paused. The detective felt tears forming in his eyes. He breathed deeply and continued. "I looked into the broken car window and saw her just...just hunched back in the seat. I immediately thought..." Lennie began to trail off, then he started again.  
"Then I went over to the car behind us. The driver was standing in the middle of the road moving frantically. I told him to relax, that I was a cop, but that made him histerical. He told me that he didn't want to go to jail, that it was an accident. I didn't want to bring up the fact that if something happened to Claire..." Lennie paused again.  
"The guy said that he missed his turn, that his passenger told him to turn at the last minute. So I thought, passenger? I looked at the vehicle and realized that the guy was a cabbie. It never occurred to me that the passenger could have possibly been...Or maybe I just didn't want to think that. But when I walked to the side of the cab and saw the passenger who had been sitting in the back seat before the accident and at that point was on the street... I think that's when it really hit me. Hard. I think Claire said it best. You think that if one thing had gone differently. If she had let me buy her that drink, if the cab hadn't missed it's turn, if I hadn't been so drunk and need Claire to drive me home, if we hadn't seen the execution in the first place, then maybe...then maybe I wouldn't need to be standing here today making this speech.  
"If any one of those things went differently then maybe the Manhattan DA's office wouldn't need to replace such a good lawyer and a wonderful person. A person who was taken from us too early in life. We all know, however, that we will all share a special bond. The bond of having known Jack McCoy. For some of us, the chance to spend a day in his shoes, to work with him so closely.  
"Although I do agree with what Claire said before about things being different, I also think that if things had been different, we might all be dead. Putting all morbid thoughts aside, all I really want to say is that Jack will always be remembered. We'll always hold him dear in our hearts and continue to work doing the job that he loved. Jack McCoy... Counselor, you will be missed."  
Lennie stepped down and back to his seat next to Claire. She placed her head on his shoulder. They just sat there as the rest of the people at the funeral approached the casket to pay their final respects. When the room emptied, Lennie and Claire approached. Lennie tapped the top of the casket and then turned to Claire.   
"I'll drive you home." Lennie said to her.  
She was silent for a moment. "Yeah. Could you just give me a minute?"  
"Sure, take your time." Lennie walked away from her and towards the door. "I'll wait outside."  
"Thanks." Claire waited until Lennie ad left. She just stood there for a minute and then went into her jacket pocket and pulled out a folded piece of paper. She unfolded it and read to herself what was written.  
"I put a lot of thought into this," she said. "trying to take into consideration everyone's advice and my own personal feelings." Claire looked at the piece of paper again. "This is my resignation from the DA's office." She tore the letter into pieces. "I'm a lawyer and I would never be happy doing anything else. I think I owe the job another chance. You helped convince me of that, and I'll always remember you for it. I'll think of you always...of us." Claire felt the tears swell up in her eyes as she kissed the top of the casket. "Goodbye, Jack."  
Claire turned and left the building to meet Lennie.  
"Everything OK?" Lennie asked.  
"Yeah." Claire wiped the tears from her face. "Just had one last thing to take care of."  
"Ready to go?"  
Claire nodded. They began towards Lennie's car and in passing a waste basket, Claire emptied her hand of the torn pieces of paper. Some of the weight had been lifted from her shoulders and she felt the warmth lightly touch her face as if Jack had been watching her, smiling upon her future.  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Heart of Stone  
  
Apartment Of Claire Kincaid  
  
The digital alarm clock next to Claire's bed sounded loudly. It had been nearly a week since Jack's death, but the pain she felt still lingered.  
Claire rolled over in the bed and hit the alarm off. She rose slowly, stretched , and walked into the bathroom. Things for her just hadn't been the same since the accident. She suffered from pain both emotional and physical. Although most of her cuts and bruises were healing, Claire thought that her heart never would. She felt a sort of emptiness without Jack, a void that might never be filled.   
Claire threw some water on her face to awaken herself. The water felt refreshing to her. She wiped her face and looked into the mirror at the remaining lacerations. She placed her hand on the one on the upper right side of her forehead. It was still sore, but that was expected.  
She took a deep breath, walked back into the bedroom and began to dress. Claire had been working longer hours since Adam hadn't replaced Jack. She was the only ADA working for him.   
When she finished dressing, Claire sat down on the edge of the bed and put her head in her hands. She had no desire to go into the office, but it was when she was working that she felt closest to Jack.  
Her thoughts were interrupted by the ringing of her phone.   
"Hello?" Claire said into the receiver.  
"Miss Kincaid?" The voice of Adam Schiff could be heard on the other end of the line. "Did I wake you?"  
"No, I was getting ready to come in, what's the problem?"  
"No problem, Miss Kincaid. More of a remedy."  
"Oh?"  
"You'll be glad to hear that the case load will be lighter for you. I've found a replacement t for the vacant position."  
"I see."   
"He'll be here at the office in 15 minutes."  
"That's about how long it'll take me to get in. I guess I'll meet him there."  
"Take your time coming in, Miss Kincaid."   
"I will, goodbye." Claire hung up the phone and grabbed her jacket. "A new EADA," she thought. "Makes my life a little easier."  
Claire walked out of her apartment and to her car. It wasn't' her car however, only a rental. Her's was still in the garage being repaired from the accident.  
She pulled away from the apartment and proceeded to the office. It was only 6:30, but the traffic had already begun to accumulate. It wasn't as bad as it would be in an hour or two, however.  
It took Claire nearly 25 minutes to get to the office and she arrived at about 7:00. She entered the building and was greeted by Adam.  
"So," she said, "Do I get to meet this new attorney?"  
"He's in his office putting things in order. Go on in if you'd like."  
Claire turned and walked towards the office, Jack's old office. It had been a while since she stepped foot in there. She knocked on the door.  
"Come on in." The voice sounded familiar to Claire. She paused before she entered the office. Claire opened the door and walked in. "Good morning, Claire." he said with his back facing the door adjusting the books on a shelf by the wall.  
Claire had a confused look on her face. Had the man known her from the courtroom, was he previously a defense attorney? It was only when he turned around that Claire recognized him.  
"Jesus." Claire said. "Ben Stone as I live and breathe."  
"How are you, Claire?" Ben approached her.  
Claire was surprised by Ben's replacing Jack. It had been years before that Jack had taken the job from Ben. "I'm doing OK, a little better since the accident. God, Ben, what made you come back? You were so set on never coming back to this place."  
"Adam called me and told me about McCoy. I was in private practice, but it wasn't the same. This job is what I was meant to do. I realized that after I read about McCoy getting the position."  
Claire felt pain every time Ben mentioned Jack's name. Perhaps if everyone had known how they felt about eachother, it wouldn't be so hard on her.  
"It's great to have you back." Claire said. She felt the tears swelling up in her eyes. "Excuse me." she said as she rushed out of the office and then down the hall and out of the building. Ben just stood there. He tried to understand Claire's feelings, but it was hard for him to imagine, never having been in her position.  
Claire went straight to the rental car and sat in the driver's seat. She let the tears flow down her cheeks. At this point, she didn't care who saw her.  
"Cheer up," Claire heard. The tears still streaming from her eyes. "The job can't be that bad."  
She turned her head and saw Jack sitting in the passenger seat. "I don't know if I could handle this, Jack."  
"What's there to handle, Claire? I thought that you would never be happy doing anything else but practicing law."  
"Not just that, it's..."  
"Ben Stone, I know."  
I don't think I could take him coming back. Things are just going a little too fast for me."  
"Claire, you and Ben didn't..."  
"No, no! God, Jack!"  
"I didn't think so. Give the guy another chance, Claire. Just like you're giving the job another chance. And for God's sake open up to somebody. It'll make you feel better."   
"Isn't that what you're here for?"  
"I'm just here because you want me to be. You're not ready to let go yet."  
"I don't think I ever will be." Claire closed her eyes and leaned her head back against the seat. Her eyes started to tear up again and then she heard a rap at the door.  
Claire looked over and saw Ben Stone standing outside her car. She wiped her eyes, leaned over and opened the door for him. Ben got in the car.  
"I can't say I know how you feel, Claire." Ben said. "This is tearing you apart, I'd like to try to understand why...If you'll help me to."  
"I really just don't want to talk about this, Ben." Claire wiped her eyes again.  
"You know you can always open up to me, Claire." Ben said as Claire took a deep breath remembering her 'conversation' with Jack. He had said the same thing.  
"It's not just the accident that's bothering me." she said to him.  
"Of course not. I can understand that you're hurt by McCoy's death. You worked with him for years, he was your boss."  
Claire paused a minute. "Not exactly." Ben looked at her. Claire couldn't believe that she was about to reveal the truth to Ben.  
"Not exactly, he wasn't your boss?"  
"Forget it, Ben. Forget I said anything."  
Ben placed his hand on her shoulder. He had a feeling about what Claire was going to say. He had heard of Jack McCoy's reputation with his assistants. "Claire," he said. "Whatever you tell me, it won't go past these doors. I swear to you."  
"My professional relationship with Jack McCoy started the day he entered the DA's office. Our personal relationship started a month later." Ben just looked at her. "I can't believe I'm telling you this, I never told anybody this."  
"Claire, you know that whatever you say, it won't affect in anyway our professional relationship."  
"I know I can trust you, that's not what's bothering me. It's just that this was personal stuff. We kept it private." Claire saw that Ben was sincerely listening to her, hoping that by getting some of it off her chest she might feel better. "I know you probably heard about him and his other assistants, but it wasn't like that at all with us. What we had was real, I could feel it."  
"But you didn't mention it to anybody?"  
"Not even my stepfather. They would have only judged Jack from his past." Claire paused. "When we got in the accident... I remember waking up in the hospital. Lennie was there. He told me what happened, that we were broadsided by a cab. I asked if everyone was OK." Claire paused again to wipe her eyes. "He told me that Jack had been in the cab. When I asked if he was at the same hospital Lennie said that he was in bad shape when he got there, that he was thrown from the cab when we hit. I asked him if Jack was OK and he told me that the doctors had done all they could but...but Jack hadn't made it out of the emergency room." Claire now had tears rolling down her face and made no attempt to stop them. She leaned over and put her head on Ben's shoulder, still crying. He put his arms around her to console her.  
"It'll get better, Claire. I promise you it will." He lifted her head gently as for her to look him in the eyes. "I'll help you get through this. We've known eachother for so long, Claire. Would I ever let you down?"  
Claire just smiled and put her head back down on his shoulder.  
______________________________________________________________________________  
27th Precinct- Office of Anita Van Buren  
"Look, Lieutenant. I'm perfectly capable to cover this case." Lennie Briscoe stood over Anita Van Buren's desk.  
"You can hardly spend an hour in the District Attorney's office without going crazy, detective."  
"I'm fine with this, really."  
"Really? Lennie, it's been a week since that accident. I wouldn't be 'fine' if I were you."  
"That's why you're not me, Lieutenant."  
"You're off the case, detective. Profaci will work with Curtis." Lennie turned to storm out of the office. Anita called to him, "I better not hear that you hooked up with Kincaid on this one."  
Lennie walked over to his desk and grabbed his overcoat. "A little early for you to be thinking about lunch, isn't it, Lennie?" Rey Curtis said to his partner.  
"She took me off the case, Rey. Said I wouldn't be able to handle it."  
"Vehicular Homicide." Curtis said recalling the case in question. "Don't take this the wrong way, Lennie..."  
"But you would have done the same thing?"  
"This guy was drunk when he hit and killed that girl. Van Buren is just looking out for your best interest."  
"My best interest! I've been a cop since before you were even born. Do you think I'd let what happens while I'm off duty effect my work?"  
"Your colleague was killed, Lennie. Jack McCoy, remember him? If you're trying to tell me that it's not effecting your judgment on this case then...you're a strong man then I'll ever be."  
At this point, the entire precinct was silent as Briscoe stood emotionless to Curtis'' 'attack' on him.  
"Profaci'll be taking over for me until you take care of this guy." Lennie tried to be calm. "Now if you'll excuse me, I have an early lunch date with Claire Kincaid. Remember her, Rey? She's hurt by this just as much as I am. Maybe more. There is one difference though. She's still allowed to work." Lennie walked out of the 27th and Van Buren approached Curtis.  
"He's hurt by this more than he's letting us see." Van Buren said to him. Curtis nodded.  
"He has every right to be. Hurt I mean. Angry."  
"Not just that, detective. He feels responsible." Curtis looked at her. "Claire Kincaid is his AA sponsor. He feels that if he hadn't been drunk, she wouldn't have been forced to drive him home. And if she didn't have to drive him home..."  
"Then McCoy's cab would have never hit them."  
"Exactly."  
______________________________________________________________________________  
Lennie's car pulled up in front of the District Attorney's office at about 11:00. He got out of the car and proceeded towards the building.  
That building hadn't been the same to him since the accident. He had an eerie feeling each time he stepped foot inside. He and Claire Kincaid, however, had developed a tighter bond with eachother. They had grown closer as a result of the experience.  
Lennie walked into the building and noticed that Claire had not been in her office. He proceeded a little further and noticed McCoy's old office. With two figures inside? Lennie knocked on the door an slowly entered.  
Lennie walked inside and saw Claire sitting on the leather couch speaking with Ben Stone.  
"Detective," Claire said getting up from the seat. "You remember Ben Stone."  
Lennie went to shake Ben's hand. "Mr. Stone. Of course I remember."  
"Detective Briscoe." Stone said returning the hand shake. "How are you, sir?"  
"Well, very well. I'm working with a new partner now, Rey Curtis..."  
"What happened to Logan?"  
"Busted down to beat cop on Staten Island for decking a congressman."  
"Would have liked to hear him explain that one."  
"It was interesting, believe me." Lennie turned to Claire. "Well I just came to pick up Miss Kincaid for lunch."  
Claire picked up her jacket from the couch. "I'll be back in a few hours. Then we could get back to work." Ben nodded. "Let's go, Lennie."  
The two of them walked out of the building and down to Lennie's car.  
"You look a lot better since the last time I saw you." Lennie said once they were in the car.  
"Ben and I had a nice heart to heart earlier. Took some of the stress off." She looked at him. "Wish I could say the same about you."  
"It's just today's not going well."  
"What happened?"  
"Van Buren thinks I can't handle that Smith case. Did your office get it yet?"  
"Smith? The Vehicular Homicide. We're gonna work on a plea with his attorney. He'll be away for three to nine." There was a silence in the car for a minute or two.   
"So Ben Stone's back." Lennie said  
"Yeah, Ben Stone."  
"Yeah, right." Lennie paused. "So what do you feel like, Italian or Chinese?"  
"Italian sounds good." Silence again. "Lennie, tell me something. You knew, didn't you?"  
"Knew what?"  
"About Jack. About me and Jack."  
"Truthfully. Yeah, I knew. I never told a soul. I figured if you didn't, you didn't want anyone to know."  
"How did you know?"  
"I know you, Claire. I knew Jack. I could just tell he was crazy about you." Claire smiled.   
"You know what? Maybe we could get Chinese."  
"No problem." Lennie still didn't seem like himself to Claire, not at all.  
"You know, Lennie." she said. "You should really open up to somebody. You'll feel better."  
  
  
  
  
  
  
  
  
  
  
I Need You Now   
  
  
Claire and Lennie walked out of the Chinese restaurant and onto the crowded Manhattan street.  
"I need to stop at the bank to replenish my life savings." Lennie said.  
Claire smiled. "Sure." They began to walk down the block towards the bank. They hardly said a word to eachother as the walked.   
Once they reached the outside of the bank, Lennie was approached by a man with a baseball cap puled over his eyes.  
"Excuse me, sir." he said. "Do you have the time?"  
Lennie went to look at his wrist watch when Claire saw it. She tried to stop it but, BANG! Claire directly at the man as he fled.  
Kincaid fell to her knees beside Briscoe. "Oh , my God, Lennie." she placed her hand on his wound. The blood was pouring from his chest. "Oh my God, somebody call an ambulance. Oh my God."  
"Smith." Lennie gasped.   
"I know, I know. Somebody Help!"  
______________________________________________________________________________  
"It was him, Ben." Claire said to Ben Stone as she sat outside Lennie's hospital room. I looked him right in the eyes."  
"I believe you, Claire."  
"This is too much. I can't bear to lose two people that I'm so close to in one week."  
"The doctors say that Briscoe is going to be fine."  
Claire took a deep breath. "Forget the plea bargain, Ben. Smith has got to pay a lot more than three to nine."  
"Claire, why don't you go home? Everything'll be fine, go get some rest."  
"OK, fine." Claire left the hospital and began to drive home.  
It took her 20 minutes to reach her apartment. Another five to get to her room. Once there, Claire dropped down on her bed. It was only 8pm, but such a hectic day.  
"There's no room up there for him, Claire." Jack said as he sat on the edge of her bed.  
"What are you saying, Lennie's going to Hell for being a detective in Manhattan?"  
"You know what I mean, Claire."  
"I can't handle this, Jack. You tell me to open up, I do. I begin to fell better until Lennie gets shot. I feel so much better, Jack."  
"Quit the sarcasm, Claire, I don't need this from you."  
"Why do you keep coming back then, Jack?"  
"You don't want me here I could always leave."  
"No, no wait. Don't leave. I need you now. Especially now."  
"I can give you one hint, Claire."  
"What's that?"  
"Staten Island."  
Claire sat up on her bed. "Staten Island?" she thought. Then it hit her. She picked up the phone and dialed the operator. "Staten Island Police Department, please."  
A woman's voice came over the line. This is the Staten Island Police Department."  
"Is Mike Logan in?"  
"May I ask who's calling?"  
"Assistant District Attorney Claire Kincaid, in Manhattan."  
"One moment, Miss Kincaid."  
______________________________________________________________________________  
"Goodnight, everybody." Mike Logan said as he grabbed his jacket. He was ready to call it a day.  
"Hey, Mike." the woman called to him.  
"I'm going home, Silvera. Whatever it is, it's gotta wait until tomorrow."  
"You've got a cal on line one. Some woman. Sounds cute."  
"Great, Silvera. Does this woman have a name?"  
"Umm, Claire something." she paused. "Kincaid, Claire Kincaid. With the Manhattan DA's office."  
Mike took off his jacket. "Is there someplace I could take that in private?"  
"Use the corner office." Silvera smiled. "What is it, Logan, got a girlfriend?"  
"Goodnight, Silvera."  
Mike walked into the corner office and picked up the phone. "Logan."  
"Mike, I'm glad I caught you before you left."  
"What's the matter, Claire?"  
"You heard about Jack McCoy?"  
"Yeah, I was sorry to hear about that. How are you and Lennie?"  
"Mike, Lennie was shot."  
"Oh my God."  
"I was hoping maybe you could come up here...for a while."  
"Well I've got some off time coming."  
"You know where I live."  
"Yeah, no problem. I'll be there in an hour."  
"Thanks, Mike."  
"Right." Logan hung up the phone. He walked out of the office and loosened the top two buttons on his uniform top. "Silvera, do me a favor."  
"Anything, Mike."  
"Tell the Captain tomorrow that I'm taking some personal time off."   
"Something wrong, Mike? What did that attorney tell you?"  
"My old partner was shot. So do me a favor, Silvera and tell the Captain I'm taking my time."  
"Sure, Mike."  
______________________________________________________________________________  
A dark sedan pulled into the parking garage next to Claire's apartment. It stopped and Mike Logan stepped out of the car and walked inside.  
Mike knocked on Claire's door. It was only 9:30, she immediately answered.  
"Come on in." she said. "I'm so glad you could come here."  
"Is Lennie OK?"  
"They say he's gonna be. I'm going back down in the morning to see him." Claire paused. "Can I get you something? Coffee?"  
"Sure, coffee's fine." Mike was glad to see Claire again. It had been a long time since he was in Manhattan.  
Claire walked into the kitchen and started to make the coffee. She took two cups out of the cabinet above the stove. "One sugar or two?" she called to him.  
"Two." Logan called back.  
"I hope you know what you're doing, Claire." Jack said as he leaned up against the counter top.  
"I'm making coffee. How could I screw that up?"  
"I mean with detective... I'm sorry officer Logan out there."  
"You told me to call him."  
"No, I said Staten Island. I never said, 'Claire why don't you call Mike Logan who you haven't seen in over a year, and invite him over to your place for coffee.' Did I?"  
"Well what were you implying then?"  
"Call him up and tell him about Detective Briscoe."  
"Then you could have said a little more than Staten Island couldn't you have, Jack."  
"You need some help in there, Claire?" Mike called from the other room.  
"No, I've got it." Claire shut off the boiling water and brought the coffee into Mike.  
"You know, it's really great to see you again." Mike said to Claire as she took a seat next to him on the sofa.  
"Yeah," she said softly sipping at her coffee. "It's been a long time."  
"What made you call?"  
"Lennie. And you were the only person I could think of. He was your partner. I thought you might like to know what happened."  
"This must be really hard on you."  
"How do you mean?"  
"I mean, I've heard about Jack McCoy and his assistants."  
"And you thought that I..."  
"Look, Claire don't take it the wrong way. I'm not saying you like any other of his assistants."  
"Why would I?" she paused. "Even if I...were like the others."  
"Claire?"  
She Nodded.  
"So he trapped you too."  
"He didn't trap me, Mike. The feelings were mutual."  
"Is that why we..."  
"No! It wasn't like that at all."  
"Why then?"  
"For God's sake, Mike you punched a member of Congress. When they transferred you to Staten Island... I just thought..." Logan moved closer to her. He leaned in and met her lips with his. The moment lasted indefinitely.  
When Mike finally pulled away from Claire he looked her in the eyes. "I never stopped caring for you, Claire."  
Claire only sat there struck speechless. "Oh, I forgot the milk for the coffee." Claire said, although both had already begun to drink.  
She rushed back into the kitchen and leaned against the counter.  
"You never told me that you dated him, Claire." Jack said.  
"It never came up in conversation." Claire said still in shock.  
"How long?"  
"Almost two years."  
"God, Claire! You date the guy for two years, break up with him, and the invite him over to your place after you haven't seen him," Jack looked at his watch, "At ten o'clock on a Saturday night! Where's your head, Claire!?"  
"Jack, this is odd enough without you screaming at me."  
"I'm just trying to understand this." They looked at eachother. "He wants you back, Claire." She began to walk away from him. "And I suggest if you're gonna have him spend the night, you insist he uses the couch!"  
"I'm sorry," Claire said to Mike as she walked back into the room where he was waiting.  
"I'm the one who should apologize." he said after she sat beside him. "After all you've gone through...and I just pop back into your life."  
She leaned back on the couch. "I'm the one who called you, you didn't just pop in on my life."  
There was silence for a while as Claire and Mike sat on the couch sipping their coffee. "What time are you going to the hospital in the morning?" Mike broke the silence.  
"Around nine, ten maybe."  
"Let's make it 9:30. I'll pick you up in the morning."  
"You're going back to Staten Island?"  
"I have nowhere to stay in Manhattan."  
"Why don't you stay here tonight? You can use my couch if you want."  
"I don't want to be..."  
Claire leaned over and kissed him again. Mike put his arms around her neck continuing the contact, in a way, accepting her offer.  
______________________________________________________________________________  
It was 10 am when the phone in Claire's apartment rang.  
"Hello?" Mike said when he picked up the phone.  
"Oh, I'm sorry. I must have the wrong number."  
"Oh, no, you're looking for Claire. Hold on a minute." Mike covered the receiver with his hand as he called, "Claire, phone!"  
"You answered the phone?" Claire asked in a somewhat disturbed tone as she walked out of the bathroom wrapped only in that large blue towel. She sat down on the edge of the bed next to Mike and took the phone from his hand.   
"Hello?" Claire said.  
""I'm not interrupting anything, am I?" It was Ben Stone.  
"No, what is it, Ben?"  
"I thought you might like to know that Curtis and Profaci just brought in Mr. Smith. I'm on my way down to the 27th now."  
"Give me about 20 minutes and I'll meet you there." Claire hung up the phone. "They caught the guy that shot Lennie." she said to Mike. "I've got to get down to the 27th."  
"The 27th, huh?" Logan said.  
"You don't have to come if you don't want to."  
"No, I'll go. It's been a while, but I'll go."  
______________________________________________________________________________  
Smith was already being interviewed when Kincaid and Logan arrived. Mike stood back from Claire as not to prevent her from doing her job, and also for the moment, to stay out of the gaze of both Profaci and Van Buren.  
"What did I miss?" Claire asked as Anita watched through the one way mirror.  
"Smith says he didn't shoot him. Stone's in there with Curtis now." Anita looked at her. "Are you sure it was him, Claire?"  
"I'm positive. There isn't a doubt in my mind."  
"We've got a few guys out now searching the apartment for the gun." She knocked twice on the mirror an Ben got up and exited the room leaving Curtis questioning Smith.  
"We're not getting anywhere with him." Ben said. "It's like running around in circles."  
Anita turned. "Profaci, keep grilling him. We should have the weapon soon." Profaci entered the interrogation room. "Do you think we could get him on anything?" she asked Stone.  
"Besides the vehicular homicide, we've got nothing. He might still get three to nine."  
"For shooting a cop?" Claire said. "Ben, I saw him there's your evidence."  
"Our only evidence, Claire."  
Just then an officer entered the room, handed Van Buren a piece of paper then turned around and left. She opened and read it. "A gun was found in Smith's apartment that matches the one that shot Lennie."  
"How do we charge him?" Ben thought out loud. "Assault with a deadly?"  
"Attempted Murder." Claire said.  
"Where's your motive, your intent?"  
"Lennie arrested him the first time, there's your motive. And intent, Smith was carrying the gun on him."  
"You can't prove that he was waiting for Briscoe."  
"Ben..."  
"We can't prove criminal intent, Claire." Ben turned to Anita. "Arrest him on assault with a deadly."  
Anita walked into the interrogation room. "Michael Smith. You're under arrest for the assault on Detective Lennie Briscoe. You have the right to remain silent. Anything you say will be used against you. You have the right to an attorney. If you can't afford one, one will be provided to you by the state. Do you understand?"  
"I didn't do it." he said.  
"Do you understand me, Mr. Smith?"  
"Yeah."  
Van Buren turned to Curtis and Profaci. "Get him out of here." The detectives escorted Smith out of the room and passed Logan without even turning their heads. Anita left the room next. Still with no words exchanged.  
Ben turned to Claire. "I'm going to need you to testify."  
"Sure."   
"I'll take your deposition later. About 3:00?"  
Claire nodded. Ben turned and left Claire standing there. As Claire left the room, she turned to look for Mike. He was nowhere to be seen. Claire walked out of the building and onto the busy street.  
"Not a word." she heard. "They didn't say a word."  
"Well what do you want?" she said. "You got banished from the precinct..."  
"Yeah, yeah. I get it. Don't let it bother me, right?" Claire smiled. "How about some lunch?"  
"What did you have in mind?"  
"I don't know, how about Italian?"  
"Sounds good." Claire answered as Mike put his arm around her.  
______________________________________________________________________________  
Office of Executive Assistant D.A. Benjamin Stone  
"I'll call you for examination in the morning." Ben said as he leaned forward in his desk.  
"Are you sure that I'm going to be able to help you?" Claire asked him.  
"You should be able to enforce the fact that Smith was the guy." He paused. "But defense is going to try to show that you're effected by personal experience, the accident."  
"I can handle it."  
"With your testimony and that gun, we should be able to convict him."  
"I hope so."  
"So I'll see you tomorrow morning at nine?"  
"Sharp."  
Be looked at his watch. "Do you want to get a cup of coffee?"  
"Oh, no. I have a house guest staying for a while. I should really get home to make sure everything's OK."  
"I'll see you tomorrow then."  
"Yeah." Claire left the office.  
"Defense is gonna tear you apart, Claire." Jack said.  
"I'm a big girl, Jack. I'll be fine."  
"Whatever you say."  
"What's the ,matter with you, Jack?"  
"No problem." Jack didn't say anything for a moment. "So is Logan gonna be in the court room tomorrow?"  
"So that's it, you're jealous!"  
"Jealous!? Of him? Come on, Claire."  
"You are, admit it. You don't like the idea of Mike coming back into my life."  
"No, I don't like it, Claire. But you've got to move on."  
"Then what is it, Jack?"  
"I don't know," he paused. "It just doesn't seem right to me."  
Claire shook her head. "Jealous," she thought. "He's just jealous."  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Supreme Decision  
  
  
  
"The people call Claire Kincaid." Ben Stone said as he stood in front of the court room. Claire walked up to the stand.  
"Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?"  
"I do." she answered. Claire took a seat as Ben approached.  
"Please state your name." he said.  
"Claire Kincaid."  
"What do you do for a living,, Miss Kincaid?"  
"I'm Assistant District Attorney here in Manhattan."  
"Miss Kincaid, do you know Lennie Briscoe?"  
"Yes. He's a detective with the 27th. We're pretty close."  
"Were you with Detective Briscoe on April 23rd?"  
"Yes. We met at about 11:00 to get an early lunch. Chinese."  
"What happened then?"  
"We went to get lunch. When we were finished, Lennie told me that he needed to go to the bank." Claire paused. "He was shot right outside the bank."  
"Is the man who shot him in the courtroom today?"  
"Yes. Sitting right there."  
"Let the records indicate that she pointed to the defendant, Michael Smith."  
"The records shall so indicate." the judge said.  
""No further questions." Ben walked back to his seat as the defense attorney approached Claire.  
"Miss Kincaid. Is it true that the DA's office has another case against my client?"  
"Objection!" Ben said.  
"Overruled, the witness will answer."  
"Yes." Claire said. "Vehicular Homicide."  
"And isn't it true that you were taken off the prosecution of that case?"  
"Objection!" cried Ben.  
"Goes to show the witness' state of mind."  
"Overruled."  
"Yes," Claire answered.  
"And why was that?"  
"I was involved in a car accident a week earlier."  
"In which your boss was killed."  
"Yes."  
"Jack McCoy?"  
"Yes."  
"Now, Jack McCoy. He wasn't only your boss was he?"  
"Objection!"  
"Withdrawn. Miss Kincaid, you were pulled off the other case, but you're still able to point a finger at my client for this shooting?"  
"He did it, Counselor. I saw him."  
"You saw him?" The attorney crossed towards the jury box. "Miss Kincaid, in your deposition, did you not state that the man was wearing a baseball cap which was pulled down over his eyes?"  
"Somebody pulls out a gun, Counselor, and you make sure you get a good look at his face."  
______________________________________________________________________________  
"That seemed to go nicely." Ben said to Claire as he took a seat behind his desk.  
She put her feet up on the leather couch. "You could say that." she said. "Not enough to convict him though."  
"We still have the gun and Smith's testimony. We should get him on that."  
"If Davies puts him on the stand." Claire said referring to the defense attorney. "It might be in his best interest not to. Remember, Ben, we have to prove our case. They don't have to prove theirs." Claire's beeper sounded. She looked down at the number. "Excuse me a minute." Claire swung her legs off the couch and walked out of Ben's office to pace the call privately.  
She dialed the number on her beeper. It rang twice. "Hello?"  
"Mike, What's up?"  
"How did it go today?"  
"Not bad. Defense tried to get out whether or not Jack and I..."  
"Yeah, I get it. What happened?"  
"It was withdrawn." she paused. "How's Lennie?"  
"He's doing great. He's awake now. You wanna talk to him?"  
"Yeah, put him on." she waited a minute to hear Lennie's voice on the other end.  
"Counselor." he said.  
Claire's face lit up. "Detective." she paused. "How do you feel, Lennie?"  
"Like there are two hundred soldiers building a barricade in my chest. Other than that, not bad."  
Claire laughed. "So they're taking care of you down there?"  
"If these nurses don't kill me, the food will." Lennie took a deep breath. "It was nice to see that you could get in touch with an old friend for me."  
"Who, Logan? Trust me, Lennie, it was no problem."  
"I hear you were called today at court."  
"Yeah. Ben says that he thinks we'll win this one."  
"Trust Ben Stone. He knows what he's doing."  
"I know." Claire's voice was soft and sincere. "Lennie, rest up. I'll try to get in to see you later."  
"I'll put Mike back on." There was silence and then Logan came back on.  
"So, are you done for the day?"  
"For now, why?"  
"Are you on your way home?"  
"Yes?"  
"How about dinner?"  
"Sounds good, what did you have in mind?"  
We'll talk when you get home."  
"OK, I'll see you in about 45 minutes." Claire hung up the phone and walked back into Ben's office.  
"Is everything alright?"  
"Yeah." she said. "I just talked to Lennie. He sounds a lot better."  
"That's good." Ben's nose was in a pile of papers. "I was just thinking about what you said . About it being in Davies' best interest not to call Smith."  
"What about it?"  
"Maybe it could be in his best interest. If we convince him."  
"How could we do that, Ben?"  
"We could have another witness take the stand."  
"Who, Lennie?"  
"No."  
"Who then?"  
"My Aunt Portia."  
"Come on, Ben. Really."  
"He won't know that we don't have any other eye witnesses. We'll speak hypothetically."  
"Davies isn't going to buy it."  
"Davies doesn't have to. Smith does. You scare him, you get Davies to put him on the stand to disprove our 'witness'."  
Claire nodded. "Sounds like a plan. Do you want me here when you talk to them?"  
"You're a witness in this case, Claire. I don't think Davies would like it if you were here as an attorney."  
"OK, but you'll let me know what happens?"  
"Sure." Ben picked up the phone. "I'll have him in the office in a day. Don't worry about this case, Claire. I have a feeling that Smith will be away for more than three to nine."  
______________________________________________________________________________  
"What's this all about, Ben?" Samuel Davies sat in Ben Stone's office with his client.  
"I'll offer this once to you, Sam. Assault Two he does five to twelve, and the deal will still stand on the Vehicular Homicide. Three to nine."  
"Who are you kidding, Ben? He could still spend 21 years in prison."  
"It'll be a lot more than that when the jury finds him guilty." Ben turned to Smith. "Juries don't seem to like it when you shoot a cop, Michael."  
"I didn't shoot no cop, Mr. Stone."  
"What if I had a witness that would prove otherwise?"  
"What witness, Ben?" Davies asked.  
Ben still talked to Smith. "What if I had somebody that could put you at the scene with the gun when Detective Briscoe was shot? What if someone saw you do it, Michael, then what would your story be?"  
There was silence for a moment. Davies nodded at Smith. "I didn't wanna shoot him." Smith said. I was bringing the gun to get cleaned. When I saw that cop on his way to the bank and realized and realized that he was the guy who was gonna out me in jail... I didn't wanna go to jail, Mr. Stone."  
Ben looked at Davies. "Assault two, five to twelve." he said.  
"And the other deal still stands?" Davies asked. Ben nodded. "Then you have a deal."  
______________________________________________________________________________  
"Do you believe that guy?" Ben asked Claire. "Didn't want to go to jail so he shot a cop."  
"Unbelievable."  
"You're lucky he didn't go after both of you."  
"Yeah." There was a knock on the door and the secretary walked inside.  
"Mr. Stone, there's a client out here to speak to you. He's says it won't be long."  
"Excuse me a minute." he said to Claire as he exited the office.  
"That's what I call a great ending." Jack said.   
"Yeah, I guess."  
"You guess? For you alone, Claire this has worked out. You helped to put the guy in jail for almost 20 years, your life is back to normal since the accident, not to mention that you've moved on from 'us'."  
"Moved on, yes. Forgot about, no. Jack, I can't just let my life end because yours did."  
"I know that and I'm glad for you." he paused. "And Logan."  
"So what happens now?"  
"I guess now that you're over the accident, I'll be coming around a lot less." Claire felt a tear form in the corner of her eye. Jack's hand moved towards her and wiped it from her cheek as it rolled down her face. "I'll always be here if you need me. You know that, Claire." She nodded and he kissed the top of her forehead.  
Ben walked back into the office and closed the door behind him.   
"What?" Claire asked.  
"It wasn't a client." Ben said as he sat behind his desk. "It was Sam Davies." Claire sat on the leather couch with a concerned look on her face. "Michael Smith was found dead in his cell this morning." he paused. " He hung himself, Claire." Claire was speechless. "He really meant it when he said he didn't want to go to jail." Claire stood up and walked over to behind Ben's chair. She placed her hands on his shoulders. "If it had only been different..."  
"You don't know what could have happened if things were different." Claire said to him. "You could always wonder, but you'll never know. It might be better that way."  
There was silence in the room as Ben absorbed Claire's words. And the silence remained when for one last time Claire felt Jack kiss her forehead, as if to tell her that everything would be OK.   
  
  
  



End file.
